by Carl V Phillips
The CASAA statement on this docket is now available at the main CASAA blog. It also appears at the regulations.gov docket page. It is pretty self-explanatory, but for background and a link to the text of the FDA Advance Notice of Proposed Rulemaking (ANPRM) that it responds to can be found at our Call To Action for it. (Note that this is being posted about five hours before the deadline for that CTA, so chances are that when you read this it is too late for you to respond to that CTA if you did not do so. [correction: you have until midnight, not EOB today, so there is still time if you are reading this early enough today])
The very short version is: A federal mandate for child safety labeling and packaging is a good idea, so long as the very modest benefits it offers are not achieved at the expense of creating substantial burdens for consumers. We also observe that other commentators are likely to use this ANPRM as an excuse to push their unrelated agenda of intentionally lowering product quality, and that any benefits from this and other beneficial regulation are dwarfed by the enormous social harms that would be created by “deeming” these products in the first place (as that proposal is currently conceived).